People often use the term “manslaughter” to describe crimes that involve someone dying that doesn’t qualify as murder. However, the offence has several grades in law that courts must consider.
This post explains the difference between voluntary and involuntary manslaughter. We look at the various factors that can influence charges and sentencing, and some real-world implications of being found guilty of each type.
It goes without saying that if you are facing any kind of manslaughter charges, you should seek legal assistance. Solicitors can help you mount a robust defence or prove your innocence.
Manslaughter refers to incidents when the death of a person is the fault of another party, even if they did not intend to kill in advance. Courts attempt to assess defendants’ state of mind during the act of killing to determine what type of offence it is.
Voluntary manslaughter occurs when a person intentionally kills another person in an act of “passion” but the killing is unpremeditated. While it is not the same as murder, it is still a serious charge and comes with severe legal penalties. Those convicted often receive a custodial sentence in a high-security prison. However, courts understand mitigating circumstances mean the defendant isn’t entirely culpable or did not mean to cause the death of the other person.
Because of subtleties in the law, voluntary manslaughter can be hard to understand. Therefore, going over some examples can help.
Police might charge a defendant with voluntary manslaughter if they caused the death of another person in the heat of passion. For example, involuntary manslaughter might apply after a sudden fight in a bar that results in the victim’s death.
Diminished capacity can also result in a voluntary manslaughter charge (instead of murder). For example, courts will often look favourably at defendants with mental illness or who were under the influence of drugs when the killing took place.
Involuntary manslaughter occurs when the defendant unintentionally causes the death of the victim by failing to take sufficient care in their actions. For example, police may apply manslaughter charges in cases involving:
Involuntary manslaughter is more common than voluntary. More people cause deaths through lack of care than via physical confrontation with the victim.
However, manslaughter charges depend considerably on the circumstances surrounding the incident. Courts will attempt to discern the defendant’s state of mind to determine the level of the offence and the charges to be brought against them.
Involuntary manslaughter covers a broad array of circumstances encompassing the unintentional killing of another person. Because these are so varied, running through some examples can be helpful.
Police may bring a charge against a defendant of involuntary manslaughter if driving at reckless speeds led to the death of a pedestrian. The driver didn’t mean to kill the other person, but it occurred because of their lack of care and duty to keep other road users safe.
Police could also bring charges of involuntary manslaughter against a medical worker who failed to provide drugs to a patient, despite knowing the lethal consequences of failing to do so. The medical worker didn’t intend to kill the person (if they forgot to administer the medication), but they still acted negligently in a professional capacity.
Finally, police might charge a defendant with involuntary manslaughter if an illegal act leads to the death of a person.
For example, an arsonist might set fire to a truck, believing it is empty. However, the fire could kill the driver or any people in the trailer, leading to manslaughter charges, even without the intent to end life.
Various factors can affect manslaughter sentencing in the UK. Courts weigh these to ensure fairness for the victim and the defendant.
In general, voluntary manslaughter sentences are more severe because the killing was a direct consequence of the defendant’s intention. However, punishments are not as severe as for murder.
Courts will usually sentence individuals to between five and eighteen years in prison for voluntary manslaughter cases. Sometimes, judges reduce sentencing on grounds of diminished responsibility, with some sentences commuted for good behaviour.
Involuntary manslaughter sentencing is more varied and depends on the circumstances and the severity of the recklessness or negligence. Driving at high speed near a school and causing the death of a child would carry high culpability while forgetting to secure a guide rope on a mountain-climbing expedition would be less severe.
Mitigating factors are items that can lessen the sentence the defendant receives.
A guilty plea, for example, can reduce sentences by up to a third. Courts often interpret this as the defendant showing remorse and compassion to the victim’s family, eliminating the need to go through lengthy hearings.
Good character is also another mitigating factor. Individuals without criminal records or strong ties to supportive community activities can sometimes see their sentences shortened.
Provocation by the victim can reduce sentences further. If the victim threatened or insulted the defendant before their death in cases of voluntary manslaughter, that might cut prison time further.
At the same time, there are also aggravating factors that can worsen sentencing.
For example, if the defendant grabs a weapon and uses that in “the heat of passion,” that can worsen the sentence. So, too, can the severity of harm caused to the victim. A single punch, for instance, is less harmful to the victim than repeated hits with a bottle.
In summary, manslaughter is a complex crime and sentencing guidelines can vary significantly. As such, there is considerable scope for talented legal professionals to help defendants. While there is a difference between voluntary and involuntary manslaughter, other factors can play a role in determining the severity of the crime and sentence lengths.
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